CCI amends Lesser Penalty Regulations; redefines 'applicant', new provisions for confidentiality
Published: Aug 23, 2017
By TIOLCORPLAW News Service
NEW DELHI, AUGUST 23, 2017 : The Competition Commission of India (CCI) has introduced an amendment in the CCI (Lesser Penalty) Regulations, 2009. The new regulations have been named the Competition Commission of India (Lesser Penalty) Amendment Regulations, 2017.
Meanwhile, in the erstwhile Regulations of 2009, the definition of the term “applicant” has been substituted with a new one, which includes an enterprise, as defined in clause (h) of section 2 of the Act, who is or was a member of a cartel and includes an individual who has been involved in the cartel on behalf of an enterprise, and submits an application for lesser penalty to the Commission. Moreover, a new definition of the term “Party” has been inserted to include an enterprise or person defined in clauses (h) and (l) of section 2 of the Act, respectively, against whom inquiry or proceeding is instituted and shall include the Central Government, any State Government or any statutory authority and shall also include any person permitted to join the proceedings.
Apart from the introduction of new definitions, a new Regulation (1A) has been inserted to the effect that where the applicant was an enterprise, it was also obliged to provide the names of individuals who had been involved in the cartel on its behalf and for whom lesser penalty is sought by such an enterprise. Moreover, a new provision for grant of lesser penalty has been susbstituted in place of the erstwhile Regulation 4, laying down circumstances wherein an applicant or or individual could obtain the benefit of penalty lesser than what is ordinarily levied u/s 27 and u/s 48 of the Act. Pertinently, a new Regulation 6 as substituted in place of the old one, providing a list of details that were to be considered confidential by the Commission or by the Director General. Additionally, after Regulation 6, a new Regulation 6A has been inserted to the effect that a party could access a copy of the report containing the findings of the Director General, although with a rider that the party accessing such information was obliged to not disclose it for any purpose other than proceedings under the Act.